The CalTrans bypass project is in "serious breach of permit conditions," says the US Army Corps of Engineers Regulatory Division Chief Jane Hicks. This follows a June 25 on-site inspection of the Willits bypass project and subsequent follow up discussions. "The Corps has determined CalTrans is not in compliance" with its permit by failing to complete mitigation site preparation actions as required by its permit. CalTrans is being required by the Corps to meet with regulators in the USACOE offices on Sept. 6 "to discuss the specific tasks, order of work and timeframe that are required for mitigation compliance," according to Hicks in the Notice of Non-Compliance letter to CalTrans District 1 Director Charlie Fielder on August 16. "Failure to remain in compliance with the permit...may result in permit suspension, revocation or modification and administrative penalties," says Hicks. The Clean Water Act allows the Corps consierable leeway in assessing fines and penalties, from the suspension or revocation of the permit to a series of fines and administrative penalties ranging from $11,000 per violation up to $27,500. The Notice of Non-Compliance also stated "other enforcement options available are actions in Federal District Court for fines and injuctions requiring work cessation and/or restoration. The court may also require that the restoration be performed by a third party and be funded through a money judgement against the permittee [CalTrans]."One of the areas of concern listed in the Notice of Non-Compliance was "potential secondary effects from wick drains on wetland hydrology." The Corps has requested "a meeting between Corps and CalTrans hydrogeologists" to discuss potential wetland impacts. The rest of the corrective measures involved CalTrans' failure to meet certain mitigation deadlines. The Notice of Non-Compliance demands CalTrans complete the overdue mitigation site preparations by Oct. 1. It also requires CalTrans to submit a revised project mitigation plan by Oct. 1. This revised plan is expected to include the various elements of the mitigaton plan that have changed since the plan was approved in 2012 plus new realistic deadlines for various compliance measures. The Corps recognized in the Notice of Non-Compliance that CalTrans has already missed some deadlines which will make meeting future deadlines problematic. Based on these revisions, the Corps may require CalTrans perform new mitigation tasks to assure future compliance. CalTrans has also failed to provide the study and final report for the mitigation baseline conditions, this is now due on Oct. 1. The overdue treatment types and final mitigation plan designs for the rehabilitation parcels are now expected to be delivered to the USACOE by Oct. 15. TWN will follow up on Monday for statements from the USACOE and CalTrans.